Contesting a Divorce in California Based on Irreconcilable Differences
A Santa Barbara attorney assists with contested divorce
A contested divorce occurs when spouses disagree. For example, one spouse demands full custody of a child. This is an emotionally draining type of divorce, one that can cause significant friction between spouses. As an experienced divorce attorney well versed in courtroom procedures and judicial expectations, I, McCleary (Mac) H. Sanborn, III, Attorney at Law act as a powerful mediator in these situations to mitigate the emotional and psychological stress that a contested divorce can produce.
As your divorce lawyer, I make sure you understand the following bases for divorce:
- Irreconcilable difference
- Irremediable breakdown
- Incurable insanity
What is meant by irreconcilable differences?
When couples cite irreconcilable differences as their grounds for divorce, it means at least one spouse could simply not overcome, or reconcile, certain issues in the marriage. They cannot get along. Irreconcilable differences are often cited in a no-fault divorce in California. As long as one spouse claims there are irreconcilable differences in the marriage and these differences have caused the irremediable breakdown of the marriage, the divorce will be granted even if the other spouse does not want the divorce.
What is meant by irremediable breakdown?
An irremediable breakdown occurs when one spouse believes that irreconcilable differences between the spouses have caused the marriage or domestic partnership to erode beyond repair. Many divorces are filed because of the feeling the marriage is broken and cannot be fixed.
What does incurable insanity mean in divorce proceedings?
Incurable insanity is one of the two main grounds for divorce in California but is rarely used. A medical professional, usually a psychiatrist, must conclude and be willing to testify that one party in the marriage was incurably insane at the time the divorce petition was filed. Because it’s difficult to diagnose insanity, the use of incurable insanity as grounds for divorce is seldom used.